In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors,...
How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....
Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...
We are delighted to announce that ClarkeKann Lawyers Partner Chris Kintis has been named as Finalist for Mentor of the Year 2022 in the Australian Law Awards. As a firm we're all about supporting our people and it's great to have Chris' commitment to the team...
Key Takeaways This decision clarifies the circumstances surrounding the lapsing of development consents. The case highlights the importance of the wording in each unique development consent. Development consents may not lapse in the context of staged developments...
The Land and Environment Court in Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203 has upheld an appeal against a development control order claiming prohibition of use issued to a fitness gym. Key Takeaways Councils must take into consideration...
Key Takeaways An award has been proposed largely in the same terms as the Local Government (COVID-19) Splinter (Interim) Award 2021 made by the Commission which will remain in force until April 2023. Paid COVID-19 special leave, a job retention allowance and leave...
Can a builder still recover payments due under a building contract after being 141 weeks late in completing works? Key takeaways Despite the owner terminating a building contract for serious delay and breach by the builder in failing to provide supporting documents...
Key Takeaways 45 State Environmental Planning Policies ("SEPPS") have been repealed and consolidated into 11 new SEPPS. The consolidated SEPPs commenced on 1 March 2022. The repealed SEPPs no longer apply to any existing development consents, and the new consolidated...
Traditionally it has been perceived that a lack of familiarity by foreign investors with the trust based structure of Australian managed investment schemes has been a significant barrier to attracting offshore investment in Australian funds. To combat this, from 1...
Key Takeaways The scope of stamp duty is expanding, with declarations of trust and changes in beneficial ownership potentially becoming dutiable. Australian based developers that are foreign persons may be able to apply for a refund of stamp duty where residential...
A recent case decided by the High Court found that the lender of an asset-based facility acted unconscionably in making a loan available to the borrower and ordered that the loan and mortgage be set aside. Key Takeaways Lenders must carefully scrutinize the...